Advisory on oath-taking for newly-elected Rajya Sabha members

Kriti Mishra

File photo: RAJYA SABHA

File photo: RAJYA SABHA

Amid the nation-wide travel restrictions on account of lockdown triggered by the Coronavirus crisis, there is no requirement for newly elected Members of Rajya Sabha of subscribing Oath or Affirmation immediately.

The new Members of Rajya Sabha have been advised to wait for subscribing Oath or Affirmation till the lockdown period is over.

Fifty-five vacancies are due to arise in Rajya Sabha from 17 States between the 3rd and 13th of this month against which 37 Members have already been elected unopposed.

A Member elected to Rajya Sabha is entitled to make and subscribe the prescribed Oath or Affirmation and take his seat in the House only upon the commencement of his term of Office under the relevant provisions of the Representation of Peoples Act 1951.

However, the Constitution (Article 99) and Rule 5 of the Rules of Procedure and Conduct of Business in Rajya Sabha do not prescribe any time limit for the Oath or Affirmation.

A new Member is, however, not entitled to sit, participate and vote in the House or in a Committee until he has subscribed the Oath or Affirmation.

In the present circumstances, neither the Rajya Sabha nor any of its Committees are likely to meet till the lockdown is over.

The Salary, Allowances and Pension of Members of Parliament Act 1954 allows newly elected Members all facilities, perks and privileges available to Members of Parliament from the date of commencement of their term of office which is the date of notification of their election to the Rajya Sabha by the Ministry of Law and Justice.